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Public Law 108-201
108th Congress
An Act
To amend the provisions of title 5, United States Code, to provide for
workforce flexibilities and certain Federal personnel provisions
relating to the National Aeronautics and Space Administration, and for
other purposes. <<NOTE: Feb. 24, 2004 - [S. 610]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: NASA Flexibility Act of
2004.>> assembled,
SECTION 1. <<NOTE: 5 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``NASA Flexibility Act of 2004''.
SEC. 2. COMPENSATION FOR CERTAIN EXCEPTED PERSONNEL.
(a) In General.--Subparagraph (A) of section 203(c)(2) of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A)) is
amended by striking ``the highest rate of grade 18 of the General
Schedule of the Classification Act of 1949, as amended,'' and inserting
``the rate of basic pay payable for level III of the Executive
Schedule,''.
(b) Effective Date.--The <<NOTE: 42 USC 2473 note.>> amendment made
by this section shall take effect on the first day of the first pay
period beginning on or after the date of enactment of this Act.
SEC. 3. WORKFORCE AUTHORITIES.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by inserting after chapter 97, as added by section
841(a)(2) of the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2229), the following:
``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Restrictions.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Science and technology scholarship program.
``9810. Distinguished scholar appointment authority.
``9811. Travel and transportation expenses of certain new appointees.
``9812. Annual leave enhancements.
``9813. Limited appointments to Senior Executive Service positions.
``9814. Qualifications pay.
``9815. Reporting requirement.
``Sec. 9801. Definitions
``For purposes of this chapter--
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``(1) the term `Administration' means the National
Aeronautics and Space Administration;
``(2) the term `Administrator' means the Administrator of
the National Aeronautics and Space Administration;
``(3) the term `critical need' means a specific and
important safety, management, engineering, science, research, or
operations requirement of the Administration's mission that the
Administration is unable to fulfill because the Administration
lacks the appropriate employees because--
``(A) of the inability to fill positions; or
``(B) employees do not possess the requisite skills;
``(4) the term `employee' means an individual employed in or
under the Administration;
``(5) the term `workforce plan' means the plan required
under section 9802(a);
``(6) the term `appropriate committees of Congress' means--
``(A) the Committees on Government Reform, Science,
and Appropriations of the House of Representatives; and
``(B) the Committees on Governmental Affairs,
Commerce, Science, and Transportation, and
Appropriations of the Senate;
``(7) the term `redesignation bonus' means a bonus under
section 9804 paid to an individual described in subsection
(a)(2) thereof;
``(8) the term `supervisor' has the meaning given such term
by section 7103(a)(10); and
``(9) the term `management official' has the meaning given
such term by section 7103(a)(11).
``Sec. 9802. <<NOTE: Deadlines.>> Planning, notification, and reporting
requirements
``(a) Not later than 90 days before exercising any of the workforce
authorities made available under this chapter, the Administrator shall
submit a written plan to the appropriate committees of Congress. Such
plan shall be approved by the Office of Personnel Management.
``(b) A workforce plan shall include a description of--
``(1) each critical need of the Administration and the
criteria used in the identification of that need;
``(2)(A) the functions, approximate number, and classes or
other categories of positions or employees that--
``(i) address critical needs; and
``(ii) would be eligible for each authority proposed
to be exercised under this chapter; and
``(B) how the exercise of those authorities with respect to
the eligible positions or employees involved would address each
critical need identified under paragraph (1);
``(3)(A) any critical need identified under paragraph (1)
which would not be addressed by the authorities made available
under this chapter; and
``(B) the reasons why those needs would not be so addressed;
``(4) the specific criteria to be used in determining which
individuals may receive the benefits described under sections
9804 and 9805 (including the criteria for granting bonuses in
the absence of a critical need), and how the level of those
benefits will be determined;
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``(5) the safeguards or other measures that will be applied
to ensure that this chapter is carried out in a manner
consistent with merit system principles;
``(6) the means by which employees will be afforded the
notification required under subsections (c) and (d)(1)(B);
``(7) the methods that will be used to determine if the
authorities exercised under this chapter have successfully
addressed each critical need identified under paragraph (1);
``(8)(A) the recruitment methods used by the Administration
before the enactment of this chapter to recruit highly qualified
individuals; and
``(B) the changes the Administration will implement after
the enactment of this chapter in order to improve its
recruitment of highly qualified individuals, including how it
intends to use--
``(i) nongovernmental recruitment or placement
agencies; and
``(ii) Internet technologies; and
``(9) any workforce-related reforms required to resolve the
findings and recommendations of the Columbia Accident
Investigation Board, the extent to which those recommendations
were accepted, and, if necessary, the reasons why any of those
recommendations were not accepted.
``(c) Not later than 60 days before first exercising any of the
workforce authorities made available under this chapter, the
Administrator shall provide to all employees the workforce plan and any
additional information which the Administrator considers appropriate.
``(d)(1)(A) The Administrator may from time to time modify the
workforce plan. Any modification to the workforce plan shall be
submitted to the Office of Personnel Management for approval by the
Office before the modification may be implemented.
``(B) Not later than 60 days before implementing any such
modifications, the Administrator shall provide an appropriately modified
plan to all employees of the Administration and to the appropriate
committees of Congress.
``(2) Any reference in this chapter or any other provision of law to
the workforce plan shall be considered to include any modification made
in accordance with this subsection.
``(e) Before submitting any written plan under subsection (a) (or
modification under subsection (d)) to the Office of Personnel
Management, the Administrator shall--
``(1) provide to each employee representative representing
any employees who might be affected by such plan (or
modification) a copy of the proposed plan (or modification);
``(2) give each representative 30 calendar days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposed plan (or
modification); and
``(3) give any recommendations received from any such
representatives under paragraph (2) full and fair consideration
in deciding whether or how to proceed with respect to the
proposed plan (or modification).
``(f) None of the workforce authorities made available under this
chapter may be exercised in a manner inconsistent with the workforce
plan.
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``(g) Whenever the Administration submits its performance plan under
section 1115 of title 31 to the Office of Management and Budget for any
year, the Administration shall at the same time submit a copy of such
plan to the appropriate committees of Congress.
``(h) Not later than 6 years after the date of enactment of this
chapter, the Administrator shall submit to the appropriate committees of
Congress an evaluation and analysis of the actions taken by the
Administration under this chapter, including--
``(1) an evaluation, using the methods described in
subsection (b)(7), of whether the authorities exercised under
this chapter successfully addressed each critical need
identified under subsection (b)(1);
``(2) to the extent that they did not, an explanation of the
reasons why any critical need (apart from the ones under
subsection (b)(3)) was not successfully addressed; and
``(3) recommendations for how the Administration could
address any remaining critical need and could prevent those that
have been addressed from recurring.
``(i) The budget request for the Administration for the first fiscal
year beginning after the date of enactment of this chapter and for each
fiscal year thereafter shall include a statement of the total amount of
appropriations requested for such fiscal year to carry out this chapter.
``Sec. 9803. Restrictions
``(a) None of the workforce authorities made available under this
chapter may be exercised with respect to any officer who is appointed by
the President, by and with the advice and consent of the Senate.
``(b) Unless specifically stated otherwise, all workforce
authorities made available under this chapter shall be subject to
section 5307.
``(c)(1) None of the workforce authorities made available under
section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may be
exercised with respect to a political appointee.
``(2) For purposes of this subsection, the term `political
appointee' means an employee who holds--
``(A) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character; or
``(B) a position in the Senior Executive Service as a
noncareer appointee (as such term is defined in section
3132(a)).
``Sec. 9804. Recruitment, redesignation, and relocation bonuses
``(a) Notwithstanding section 5753, the Administrator may pay a
bonus to an individual, in accordance with the workforce plan and
subject to the limitations in this section, if--
``(1) the Administrator determines that the Administration
would be likely, in the absence of a bonus, to encounter
difficulty in filling a position; and
``(2) the individual--
``(A) is newly appointed as an employee of the
Federal Government;
``(B) is currently employed by the Federal
Government and is newly appointed to another position in
the same geographic area; or
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``(C) is currently employed by the Federal
Government and is required to relocate to a different
geographic area to accept a position with the
Administration.
``(b) If the position is described as addressing a critical need in
the workforce plan under section 9802(b)(2)(A), the amount of a bonus
may not exceed--
``(1) 50 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and 5304a)
as of the beginning of the service period multiplied by the
service period specified under subsection (d)(1)(B)(i); or
``(2) 100 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and 5304a)
as of the beginning of the service period.
``(c) If the position is not described as addressing a critical need
in the workforce plan under section 9802(b)(2)(A), the amount of a bonus
may not exceed 25 percent of the employee's annual rate of basic pay
(excluding comparability payments under sections 5304 and 5304a) as of
the beginning of the service period.
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the individual entering into a service agreement with
the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments, or a
combination thereof;
``(iii) the amount of the bonus and the basis for
calculating that amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) For purposes of determinations under subsections (b)(1) and
(c)(1), the employee's service period shall be expressed as the number
equal to the full years and twelfth parts thereof, rounding the
fractional part of a month to the nearest twelfth part of a year. The
service period may not be less than 6 months and may not exceed 4 years.
``(3) A bonus under this section may not be considered to be part of
the basic pay of an employee.
``(e) Before paying a bonus under this section, the Administration
shall establish a plan for paying recruitment, redesignation, and
relocation bonuses, subject to approval by the Office of Personnel
Management.
``(f) No more than 25 percent of the total amount in bonuses awarded
under subsection (a) in any year may be awarded to supervisors or
management officials.
``Sec. 9805. Retention bonuses
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